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(영문) 인천지방법원 부천지원 2021.03.10 2020고단3352
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 7, 2014, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) from the Incheon District Court on July 7, 2014.

Although the Defendant had the aforementioned drinking power, he driven Bran-do motor vehicle at the section of about 10 km from the so-called so-called 10-on 10-day in the city of Boak-dong under the influence of alcohol level of 0.161% on July 31, 2020 to the point of April 10, 204, at the same time, from the so-called 10k-on 1-way in the city of Boak-gu under the influence of alcohol level of around 17:15.

Summary of Evidence

1. A previous conviction on the defendant's legal statement, a report on the situation of the driver who was placed in the main oral statement, and the result of crackdown on driving under drinking: A written inquiry, such as criminal history, and a summary order ( Incheon District Court Decision 2014 High Court Decision 9227)

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order committed a second offense despite his previous conviction, and there is a high possibility of criticism.

At the time, the defendant snow bruckings, and the walking booms, in light of the state of his taking-out at the time, etc., there was a concern to cause a large number of accidents of human life.

I seem to appear.

In the case of a crime that threatens the life of himself/herself and others, it is necessary to make a strict punishment in consideration of social danger and harm.

As a social request for eradicating the harmful effects of drinking driving, the current Road Traffic Act has greatly strengthened the control standards and statutory punishment.

However, the court shall take into account favorable circumstances such as the defendant's age, occupation, family relation, sex, environment, motive leading to the crime of this case, circumstances after the crime, and all of the sentencing factors revealed in the trial process, etc., and determine the punishment as ordered.

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